Hi, myself and coworker have been informed by our non for profit employer (NSW) with more than 15 employees, that due to a drop in clients numbers (10-20 varying) over the last 12 months that the company is reducing staff in our section from 2 full time employees down to 1 full time employee only.
Myself and coworker are the only full time staff members in this section and we are both employed under a fixed term contract. The contract period is specific stipulating exact start and end date of contract. Contract end date is **/**/18. We have been advised this is not a performance based decision, but purely due to client numbers reducing.
Myself and coworker have been advised that we have to submit an expression of interest for the 1 position and is to be submitted within 2 weeks, our expression of interest will be viewed by a panel, an interview will take place and ultimately 1 will retain employment and the other will be given 4 weeks notice and paid any accrued leave entitlements. Our employer has an enterprise employment agreement registered with Fair Work, in the agreement is states that fixed term contracts are exempt from the redundancy clauses in the enterprise agreement, no other mention of Fixed Term Contract is within the agreement.
Can our employer end fixed term contracts with only 4 weeks notice and pay nothing other than our accrued holiday leave? Can our employer force us to reapply for a position we already hold and are still under contract for? Please help me as I am desperate for some advice.